THE KPFA CHRONICLES An occasional newsletter POLICE VIOLENCE AND UNNECESSARY ARREST MUST END Last night an encounter took place between a Berkeley police Lieutenant and a protester living at camp KPFA. The protester said “all that I’m saying is that before you decide to make arrest tonight come talk to me and we’ll see what we can do to de-escalate the situation, so we can avoid unnecessary arrest and potential violence.” The police response, in essence was “I don’t have to tell you nothing”. A police department that doesn’t seek to avoid unnecessary arrest and violence is a department out of control. Days before when people climbed a latter onto the KPFA balcony, the police, in front of hundreds of people, used unnecessary force, pulling hair and using clubs on non-violent protesters. The protesters couldn’t go anywhere. Police entering the balcony needed only to stand still in front of the balcony entrance to make arrest or prevent protesters from entering the building. CITY COUNCIL MEETING THIS EVENING Tonight the City Council is scheduled to have their last meeting before summer break. The Council is not scheduled to meet again till September. This would leave the Police under the direction of City Manager James Keene. Every summer Keene orders police sweeps on Telegraph Avenue, and Keene made statements supportive of the police after the excessive force they used to arrest KPFA protesters. Make no mistake about it, under Keene police will be mean! Tonight the City Council is scheduled to meet at 7 PM, on the second floor of the Old City Hall building on Martin Luther King Blvd. It’s just a short walk from KPFA. They allow ten people speak for three minutes each. To speak you must fill out a card before 7 PM and place it in the brass drum. Ten names are picked at random. If you do not want to speak you can defer your time to someone else. Everyone should fill out a card so that all people picked can talk about KPFA. SPEAK OUT FOR KPFA People should tell the City Council it’s important for the City of Berkeley to support KPFA and those protesting against the hostile takeover of Pacifica. The City should show it’s support by passing a resolution prohibiting the police from arresting people camping on the street and sidewalk in front of the station. People should ask the Council to pass a resolution that restricts police to making arrest only for serious crimes, not absurd offenses like “jaywalking” as happened the other night. Nor should police be allowed to arrest people for offenses like loitering, vagrancy or smoking marijuana. The City should rent a portable toilet for camp KPFA. The Council should investigate the police violence that occurred, assign observers with video cameras and ask members of the Police Review Commission to monitor police conduct. The Council should order police to work with protesters to avoid unnecessary arrest and police violence. The council should convene once a week throughout the summer for special sessions on KPFA until the crisis is resolved. This will assure the Council can monitor police conduct toward protesters, and take other actions to help mediate the dispute and return KPFA to it’s rightful owners: The people who work for, support, and listen to the station.... Comments? email KPFAChronicles@yahoo.com ****************************************************** THE KPFA CHRONICLES __________________________________________________________________ An occasional newsletter No. 2_ MAYOR TO CAMP KPFA: GO HOME As if Pacifica’s attack on Free Speech weren’t bad enough, last night Mayor Dean and City Manager Keene hinted they might interfere with the right of the people to peaceably assemble at camp KPFA. Dean said those camping in front of KPFA should think moving the protest to a park, adding “it’s very helpful you are not out there tonight”. But even as the Mayor spoke the number of tents at KPFA doubled, going from an estimated 15 on Monday night to about 30 by 11 PM Tuesday. Speakers condemned the hypocrisy of Berkeley for claiming to support KPFA while paying police to abuse and arrest non-violent protesters. “Action speaks louder then words” one speaker said, causing the crowd to erupt in applause. Two speakers demanded the City show its support by providing portable toilets for camp KPFA. Witnesses told of police dressed in riot gear clubbing non-violent KPFA supporters, conducting 3 AM raids to arrest sleeping occupiers, and encouraging lack of police accountability by having undercover cops infiltrate camp KPFA (the speaker recog- nized them as cops he saw making arrest). City Manager James Keene, claiming the City could not function properly if one block remains closed to traffic, said non-violence means protesters may not occupy the street in front of KPFA. Causing one to wonder if he knew anything about the tactics employed by Ghandi or the civil rights movement. Not content with attacking the right to peaceable assembly, Keene showed how high a priority he gives to freedom of the press, complaining that news vans were taking up valuable parking space, and should be removed. Since removing media would reduce coverage of police action one is forced to wonder if Keene, who authorizes police sweeps of Telegraph Avenue, and who offered no apology for last weeks police-violence, was making a thinly veiled threat to use police-violence against camp KPFA when he said non-violence means protesters may not occupy the street. Keene either doesn’t grasp, or doesn’t care that by threatening the right to peaceably assemble and suggesting media should be moved further away from camp KPFA he is having Berkeley effectively join Pacifica in launching a full-scale assault on the First Amendment activity in the very City that gave birth to the free speech movement.. When the Mayor raised the issue of portable toilets Keene hinted at toilet-terrorism, implying he might hold the toilets hostage to pressure protesters to re-open the street. Pretty stupid, since the toilets wouldn’t be necessary, if the occupiers left the area. Neither Keene nor the Mayor seemed to understand the irony involved in telling civil rights protesters demanding free speech that it was somehow inappropriate to non-violently occupy a street named Martin Luther King Jr. Blvd. Since removing media would reduce coverage of police action one is forced to wonder if Keene, who authorizes police sweeps of Telegraph Avenue, and who offered no apology for last weeks police-violence, was making a thinly veiled threat to use police-violence against camp KPFA when he said non-violence means protesters may not occupy the streets. At this point only one thing is certain, the more people that are present the less likely police can remove camp KPFA, so everyone who can should bring a tent or sleeping bag, and head to camp KPFA located at University and Martin Luther King Jr. Blvd. Comments? email KPFAChronicles@Yahoo.com ******************************************************* THE KPFA CHRONICLES An occasional newsletter about Berkeley’s new Free Speech Movement No. 3 MAYOR & CITY MANAGER JOIN PACIFCA IN FULL SCALE ASSAULT ON FIRST AMENDMENT FREEDOMS THREAT TO FREE ASSEMBLY, FREE PRESS, AT CAMP KPFA At the July 20 Council meeting the Mayor threatened the right to peaceably assemble saying KPFA supporters should stop occupying the area in front of the radio station and think about moving to a park. City Manager James Keene, added “non-violence means protesters may not occupy the street in front of KPFA”. After the meeting, protesters peaceably sleeping at Camp KPFA were subject to police-violence. Not content with attacking the right to peaceably assemble, Keene sought to reduce media presence at camp KPFA, claiming that news vans were taking up valuable parking space, and should be removed. It seems clear Keene’s real motive for reducing media parking near camp KPFA is so the media will not be present to witness and report on police violence. The Mayor and Keene are turning Pacifica’s attack on free speech radio into a full scale assault on the First Amend-ment in which Berkeley police attack the First Amendment right of the people to peaceably assemble, and interfere with freedom of the press by restricting media parking, and hence access to Camp KPFA. Neither Keene nor the Mayor seem to have a clue at the irony involved in telling free speech protesters engaged in civil disobedience that it is somehow inappropriate to non-violently occupy a street named Martin Luther King Jr. Way Reducing media access to Camp KPFA would encourage Keene, who authorizes police sweeps of Telegraph Avenue every summer, to use police-violence and eliminate Camp KPFA soon after the Council breaks for summer vacation. POLICE USE VIOLENCE IN CAMP KPFA RAID On July 21, at about 3 AM, just hours after a Council meeting at which Mayor Dean, playing soft cop, and City Manager Keene, playing hard cop, hinted they would violate the right of people to peaceably assemble, police with bulldozers raided the 32 tent encampment, arresting protesters, and taking tents, couches and other property from Camp KPFA. Police targeted KPFA advisory board member Kahlil Jacobs-Fantauzzi, who played a leading role at the Camp, for a violent attack. A witness saw cops throw Kahlil down, drag him across the pavement, and throw him into a police truck. Speaking at a rally his attorney confirmed this, adding that at the station police continued hurting Kahlil, twisting his arm while telling him “you’re on our turf now.” HOW YOU CAN HELP Progressive council members need to be lobbied. Don’t assume they’ll vote the right way, Keene conducted the July 21 raid based on language from a proposal supported by council progressives. CALL NOW. If they are not in leave a message. They meet Tuesday, July 27. Margaret Breland 644-6400 Linda Maio 644-6359 Maudelle Shirek 644-6243 Dona Spring 644-6266 Diane Woolley 644-6294 Kriss Worthington 644-6398 Tell them to pass a resolution closing off the one block area of MLK Jr. Way and prohibiting the police from arresting people for camping on the street and sidewalk in front of the station. If a public hearing is necessary to accomplish this goal one should be scheduled. Tell council members the resolution should order police to avoid making arrest for petty offenses like jaywalking, (as happened one night), loitering, marijuana, etc., to provide portable toilets for Camp KPFA, and to schedule summer meetings to monitor police and the KPFA situation. Comments? e-mail: KPFAChronicles@yahoo.com CITY MANAGER PERMITS WEEK-END CAMP IF NUMBERS ARE SUFFICIENT Thursday, July 22, was a sad sight at Camp KPFA. Despite assurances from the Mayor that could be set up on the sidewalk tents police stated they would confiscate tents, so Camp KPFA supporters slept on the ground. But on Friday evening, July 23, a deal was struck with the City Managers Office permitting Camp KPFA to set up tents. The one block stretch in front of MLK Jr. Way will be closed to traffic, if the City Manager thinks the number of tents is sufficient to merit closure. The City Manager would not give a number, but an official with the City Managers’ office authorized closure at approximately 10:30 when there were about 28 tents, by 1 AM the number had increased to about 35 tents. Under the terms of the agreement Camp KPFA must keep it quiet after 10 PM, remove tents from the street in the morning, and allow no use of drugs or alcohol. Whether or not this is a shift in City Managers position is uncertain. The only thing for certain is that the more people that are present, the less likely police will remove the camp, so everyone who can should bring a tent or sleeping bag and head to Camp KPFA, at University Avenue, on Martin Luther King Jr. Way. CITY COUNCIL TAKES ACTION: DOES NOTHING - MAYOR OPPOSES RESOLUTION SUPPORTING KPFA At the July 21 City Council meeting the Mayor announced that the Fiscal Year 2000 budget, which she had voted against, would not pass. Knowing her vote might actually have an impact in the real world, she did the only thing she could, and changed it. Although unrelated to KPFA, it was an omen of things to come, when the Mayor, along with closet-republicans Armstrong and Olds refused to support any meaningful Council resolution on KPFA. Dean & Armstrong preferred a worthless resolution that said nothing about ending the lockout, allowing employees and volunteers to return to the station, re-hiring Sawaya, Bensky, Bernstein & Osman, rescinding the gag rule or establishing a democratic process for the representation of local stations on the Pacifica board. ------------------------------------------- Call Mary Frances Berry TOLL FREE and tell her what you think 1-888-387-8263 POLICE-VIOLENCE PERMISSIBLE UNDER CITY COUNCIL PROPOSAL City Manager Keene pledged to adhere to a proposal stating “...the City manager shall continue to minimize the use of the City of Berkeley’s police force in this situation, while ensuring that merchants’ businesses’ entrances on MLK are not blocked and while responding to complaints by nearby residents regarding the noise ordinance for late evenings.” The problem was not that Keene broke the promise, but that the vague language allows Keene to use police force against non-violent protesters as long as he claims to “minimize” it. What exactly does the language mean? It authorizes police-violence, even against non-violent protesters. The word “continue” is key because the language allows police to “continue” tactics used before the July 20 Council meeting, including 3 AM raids and the use of clubs on non-violent protesters, as long as such conduct is “minimized”. The 3 AM July 21st attack on camp KPFA, which included police brutality against at least one protester, is evidence that Keene intends to authorize police-violence against people who are acting non-violently. The people of Berkeley should not permit the City Manager Keene to repress an emerging free speech movement by playing the role of a kinder-gentler Bull Conner. The vaguely worded resolution language makes no commitment to avoid violence, and police showed no desire to do so. Just two nights earlier Berkeley police Lieutenant Lopes walked away when Kahlil asked Lopes to agree to talk with him before arrest “to see what could be done to de-escalate and avoid unnecessary arrest and violence”. Under the circumstances it’s clear the police-violence directed at Kahlil was an effort to intimidate the exercise of First Amendment freedoms, and not just a coincidence. ------------------------------------------- Call to lobby. Come speak at the Tuesday, July 27, Council meeting, 7 PM, Old City Hall, on MLK Jr. Way (SEE OTHER SIDE) ------------------------------------------- CAMP KPFA ESTABLISHES MAIL BOX! Camp KPFA now has a regulation size box to receive U.S. mail. Write them at Camp KPFA, Berkeley, Ca. 94704. ****************************************************** THE KPFA CHRONICLES An occasional newsletter about Berkeley’s new Free Speech Movement No. 4 CIA OUT OF KPFA In the late sixties and early seventies hundreds of underground papers, backed by two alternative press agencies, served virtually every city and town in the nation, reaching between 2.5 and 4 million readers. This new media created a forum to discuss Vietnam, civil rights, drugs, alternative lifestyles and music. Some cities had two or three such papers, with com-peting viewpoints, giving voice to a new culture. The FBI used dirty tricks, convincing landlords to evict them, pressuring printers and distributors to refuse services. Despite the harassment the underground press flourished. OPERATION RESISTANCE In 1968, the CIA launched “Operation Resistance”. Attacking the new journalism a CIA analyst complained: “The apparent freedom and ease in which this filth, slanderous and libelous statements, and what appear to be almost treasonous anti-establishment propaganda is allowed to circulate is difficult to rationalize.” Seemingly unaware that the First Amend-ment of the constitution was all the ration-alization needed. Eight out of ten under-ground papers would fail if a few record companies stopped advertising, the analyst concluded. Nervous about further involve-ment in illegal domestic operations, the CIA sent the recommendation to the FBI, which asked the record companies to pull their ads. By April, 1969 the ads began to disappear. The underground press began to slowly bleed to death. In 1971 there were over 400 underground papers in this country, by 1978 there were only 65, a third of which were founded after 1973. KPFA Chronicles does not charge the effort to sell KPFA is a CIA or Cointelpro operation, no one yet has offered anything but circumstantial evidence. But it matters not whether the dismantling of a progressive radio is accomplished by secret police, or from so-called liberals like Mary Frances Berry. What matters is that CIA tactics are being used to destroy KPFA. Our voice being silenced, our speech being censored. WHY TARGET PACIFICA STATIONS? Where are Pacifica stations are located? The Bay Area, where the free speech movement, the hippie movement, and the anti-war movement, if not born, were at least transmitted to the rest of the country; New York, the largest city in the nation; Los Angeles, where movies are made, and Washington D.C. , where the political policies affecting the nation, sometimes the world, are decided. In these major centers of power Pacifica stations help progressive forces gain a measure of influence. Influence far in excess to their listener base no matter what Berry says about “just 200,000 white male listeners over 50”. If KPFA is being targeted, that’s the reason. STRONG CIRCUMSTANTIAL EVIDENCE It’s suspicious that the armed guards at KPFA are ex-CIA. Intelligence agencies often have “former” agents work “under contract”. They have more freedom to act because the agency can deny involvement. Fomenting disputes and disunity between the governing & advisory boards, pitting local board members against the national board is also suspicious, these are same types of tactics used by the FBI in Cointelpro. Similarly, the prospect of depriving Pacifica of 15% of their annual budget, is reminiscent of the CIA’s tactic of having the FBI destroy the underground press by cutting off advertising revenues. WHAT IS TO BE DONE? History shows that secret police use their anonymity to become unaccountable to the people whose lives they seek to disrupt. Exposure often forces them to end their destructive activities. KPFA Chronicles urges readers to contact congress to investigate the role former intelligence agents played in the KPFA controversy and ban former intelligence agents from involvement in First Amendment disputes involving news-papers and broadcasters. Ask the state legislature to investigate the backgrounds of the security guards during their inves-tigation of the KPFA matter. Despite the fact they have been removed from the station someone should publish the pictures of these agents, and their names, license plates, addresses, etc. so their anonymity is destroyed and they can not be used to attack other progressive movements. Instead of acting as a propaganda outlet for Lynn Chadwick, the Daily Planet should investigate and expose these people. What did they do at the CIA, and since? Are they are still in touch with the intelligence community? Is it true they carry guns? If so, how is it they were allowed to posess guns in the City of Berkeley? Has the Berkeley police department, which was so willing to act on behalf of KPFA, investigated this? If they are licensed by the state what information is available on them? Have complaints ever been filed against them? These hired thugs are no less dangerous to free speech then the gag rule itself. They must be exposed..... KPFA STAFF ORDERED BACK TO WORK What was initially thought to be a settlement offer by Berry to remove the chains, end the gag rule, and let KPFA staff return to work, on Friday, July 30, may, others have pointed out been a “back to work order”. Under the National Labor Relations Act refusing to return is grounds for termination no matter what took place earlier. The order need not be in writing. The confusion is such that if KPFA staff returned to work, as required, some supporters might think they “sold out”, but if they didn’t return they could be fired. Additional time to make a decision resulted because City inspectors entering KPFA found safety problems. It would play right into Pacifica’s hands if we began fighting among ourselves. Through united action we’ve created the broad type of support necessary to win. The Corporate media giving us editorial support, City Councils passing resolutions, pressure from the state legislature, and pending court action. WE MUST STAY UNITED, WHATEVER DECISION THE STAFF OF KPFA MAKE. CITY COUNCIL SUPPORTS KPFA On Tuesday, July 27, the Berkeley City Council chamber, packed with an overflow crowd, burst out in applause and shouting when the Council unanimously passed a strong resolution in support of KPFA. Mayor Dean, who opposed a similar measure a week earlier, recognized her mistake, or at least recognized the power of the people, and changed her position. She admitted the language was based on the earlier resolution by Dona Spring and Diane Woolley. Closet-republican Armstrong, on vacation, was unable to interfere with the resolution. Hopefully, she won’t come back. Asking “how much money do they want to sell us the station we already paid for?” Ms. Nancy Duff suggested Berkeley use a bond measure to purchase KPFA from Pacifica. She caused giggles by suggesting we could be decide programming by arguing among ourselves, causing the Mayor to put her head in her hands in despair at the thought of such a prospect. Council Member Breland moved that Duff’s suggestion be looked into and that too received unanimous support. NO ACTION TO PROTECT CAMP KPFA Following those resolutions, the Council waived fees for the KPFA rally, authorized the City Manager to look into the viability of filing a friend of court brief in the case against Pacifica, implored Pacifica not to use the ISDN line, and urged police to respond to noise complaints at Camp KPFA. The Council timidly addressed police- violence, requiring that police establish clear lines of communication with protest organizers and to facilitate the safe expression of free speech, but offered no specific protection for protesters at Camp KPFA. The Camp remains at the mercy of the City Managers Office. Time will tell if this was a wise move, but KPFA Chronicles believes the Council should have adopted specific language protecting Camp KPFA. FILE POLICE ABUSE CLAIMS NOW! Anyone who has been abused or had property taken or damaged should file a claim with the City Attorney. You have only 6 months to do so, and filing right now is a way to remind the City that police-violence will be costly. This is not just about if you want to sue, it’s about reminding Berkeley to end police-violence. This is a small city and the prospect of losing money will pressure the City Manager to better control the police. For forms and other information call the City Attorney at (510) 644-6380. Comments? e-mail: KPFAChronicles@yahoo.com THE KPFA CHRONICLES An occasional newsletter about Berkeley’s new Free Speech Movement No. 5 PRO-PACIFICA JUDGE INTERFERES WITH TRIAL On August 12, after three days of making KPFA protesters drag themselves back to court, saying her ties to Pacifica made it inappropriate to rule on KPFA cases, Judge Jenny Rhine, acting on a prosecution request, picked up the phone and canceled the attendance of another judge scheduled to preside over an August 13 KPFA trial of seven people. They must return now return to court Tuesday, August 17th, at 9 AM. Rhine denied a defense motion to have another judge preside over the trial she had abused her power to interfere with. The prosecutor refused to dismiss charges against one women who cannot attend her trial because she is returning to college. Although Rhine might have a legal point in saying she could not decide cases regarding KPFA because of her ties to Pacifica, her interference with the trial was an ethical violation of her duty as a judge. KPFA Chronicles urges people to send letters of complaint to the Judicial Performance Commission, 455 Golden Gate Avenue, Suite 14400 San Francisco, Ca. 94102. RHINE HARASSES KPFA PROTESTERS On August 10th about 52 KPFA supporters appeared for arraignment on charges of protesting the Gestapo like actions of security guards who dragged a broadcast journalist off the air. Judge Rhine, citing ties to Pacifica refused to arraign the protesters, forcing them to return August 20, a date all objected to, since Legislative Hearings on Pacifica are scheduled on that date. Although she excused some people from attending, Rhines’ action benefits Pacifica by forcing people to choose, which reduces the number of KPFA supporters that can be present at both events. . ©©© Prisoners of Love? ©©© The Court heartlessly separated two lovers, arraigning them separately. “Were you handcuffed together?” I asked “No, he got arrested without me, I was furious at him”, said one KPFA supporter. RACIST COURT HOUSE PRACTICES On August 11 Rhine gave a black man five days in jail for contempt for complaining he hadn’t done what he was accused of. After Alameda County Sheriffs removed him you could hear screams, and it was evident what happened when a overweight, crew cutted Alameda County Sheriff returned wearing a sadistic smile. During August 10 - 13 two KPFA supporters, both black, were searched. Although policy permits searches of anyone entering the Court house, selective enforcement violates the 14th Amendment right to equal protection. The 14th Amendment, incidentally, was adopted after the Civil War specifically to prevent racist from violating the rights of newly emancipated blacks. Legislative hearing regarding Pacifica will take place Friday, August 20th at 10:30 AM at the Elihu Harris Building, on Clay Street, West of Broadway and 14th Street in Oakland. Please attend. For information call Assembly Member Scott Wildman, Chair, Joint Legislative Audit Hearings (916) 319-2043 DUE PROCESS VIOLATED After rescheduling arraignments Rhines’ role in the case should have ended. Yet Rhine continued the Kafkaesque affair in manner so different from normal practice that one attorney objected it violated due process. For four days Rhine denied every defense motion, and granted every prosecution motion, ordering people be photographed and fingerprinted although this usually occurs after arraignment, refusing to order a copy of a police report be provided to Kahlil Jacobs-Fantauzzi and preventing KPFA supporters from going to trial as scheduled. During his appearance Kahlil asked why, since it was widely known KPFA cases were scheduled for this week, another judge was not brought in to do the arraignments and who scheduled KPFA arraignments on this week, Rhine replied: “I can’t answer that”. Not, it’s noted “I don’t know”. Comments? e-mail: KPFAChronicles@yahoo.com KPFA Chronicles Ó 1999
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